The Divisional Court held that further notice is not required after the Tenant fails to comply with an Order of the Landlord Tenant Board. The Tenant was ordered to make payment of rent arrears, failing which the Landlord could terminated the Lease without further notice to the Tenant.
The Tenant stopped paying the rent. The Landlord filed an application for an Order terminating the Lease. The Landlord Tenant Board ordered the Tenant to pay rent arrears, failing which the Landlord could seek an Order ex parte (without notice to the tenant) terminating the tenancy.
The Tenant subsequently failed to pay the rent and the Landlord obtained an Order terminating the Lease. The Tenant attempted to set aside this Order unsuccessfully.
Before the Tenant could be evicted, Tenant filed an appeal with the Divisional Court to obtain an automatic stay of the Order terminating tenancy. The Divisional Court only has jurisdiction to hear appeals on a question of law. The Tenant alleged multiple reasons for the appeal, including medical conditions and inadequate notice. The Divisional Court dismissed the appeal because the Tenant was present when the Board ordered payment of rent arrears, failing which the Landlord could terminate the lease, without further notice, if the Tenant did not comply. The appeal was dismissed as manifestly devoid of merit.